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Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ther because in the aforesaid Case No. 34 there was another accused who was not a petitioner before the High Court Division and thus in quashing the proceeding the High Court Division went beyond its jurisdiction. 33. This Court by order dated 26th of February, 2008 granted leave to consider t..Category: Civil Law | Date: | Hits: 254
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......ery well be that a counterclaim, which is to be treated as a cross suit might not conform to all these requirements but this by itself is not sufficient to deny to the Court the power and the jurisdiction to read and construe the pleadings in a reasonable manner. If, for instance, what is r..Category: Civil Law | Date: | Hits: 111
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......ling the writ petition in question and the Rule issued therein was therefore liable to be discharged summarily. It is also argued that the learned Judges of the writ court acted in excess of their jurisdiction in negotiating the price and directing the writ respondent Government to accept s..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......les, 2007 are applicable in this case and if Rule 11(1) and Rule 11(3) of the Emergency Powers Rules, 2007 are also applicable. Rule 11(1) relates to filing an appeal in the appellate Court of proper jurisdiction and Rule 11(3) of the Emergency Powers Rules, 2007 prohibits the granting of bail in a ..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ...... filed Other Suit No.73 of 1994 for declaration that the appointment of defendant Nos.10-15 as teachers of the Thakurbari Junior Secondary Girls School is void, illegal, collusive and without jurisdiction and the appointment of the plaintiffs 1-8 is valid and legal. 3. The plaintif..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......ings pending before the Division Bench of the High Court Division, there is no scope of applying the provisions of Section 561A of the Code of Criminal Procedure and the High Court Division had no jurisdiction to issue and dispose of the Rule". The learned Advocate Mr. Mahbubey Alam, Additi..Category: Criminal Law | Date: | Hits: 79
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ...... as such plaintiff is entitled to the relief sought in the suit. 10. As against the judgment and decree of the appellate Court the defendant No.2 moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division discharged the Rule on the findings that in..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......Respondent No. 5. The said matter being the subject matter for adjudication by the Administrative Tribunal, relief sought as against the said matter was not available to the writ-petitioner in writ jurisdiction of the High Court Division of the Supreme Court of Bangladesh. This Division while di..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......which the imports are usually made inasmuch as there is no legal requirement for having a nexus between the tariff value and international market value and local market value inasmuch in this jurisdiction which gave rise to a controversy between the parties requiring factual prove into the ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. .......01.1989. On appeal, the court of appeal by judgment and order dated 29.08.1995 allowed the same and allowed prayer for pre-emption. The pre-emptee then moved the High Court Division in revisional jurisdiction and obtained the Rule. After hearing the High Court Division discharged the Rule...Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......he Administrative Tribunal, Bogra for getting financial benefits for the period of his absence from duty from 17-11-1981 to 31-3-1995 and also for a declaration that the Ministry of Finance had no jurisdiction to deny his pay and allowances since the date of his reinstatement in service on 1-4-1..Category: Administrative Law | Date: | Hits: 132
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ...... not immune from challenge. Refilling the appellant's contention that the writ petitioner-appellants' claim of shares in the company is a disputed question of fact which cannot be decided in the writ jurisdiction the High Court Division found that upto 30-12-1970 (Annexure-'O') the writ petitioner-a..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......s, the trial Court was in error rejecting the prayer for temporary injunction. 6. As against the order of the appellate Court, the defendant No. 2 moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division discharged the Rule upon the findings ..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ...... materials on record. Section 6 of the Act reads as under: "6. Jurisdiction of Administrative Appellate Tribunal.- (1) The Administrative Appellate Tribunal shall have jurisdiction to hear and determine appeals from any order or decision of an Administrative Tribuna..Category: Administrative Law | Date: | Hits: 117
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......e High Court Division reversing in revision the concurrent decision of the trial Court and the appellate Court. The principal question involved is, whether the learned Single Judge acted within his jurisdiction in reversing the concurrent decision on a question of fact namely, whether the responde..Category: Property Law | Date: | Hits: 38
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......concluded contract; even if for argument's sake it is conceded that there was a concluded contract, even then for the breach of the contract the remedy of the respondent No.1 was not by invoking writ jurisdiction but by claiming compensation; the floating of the tender by the appellant inviting offe..Category: Others | Date: | Hits: 100
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......at the property in question was listed in the 'Kha' list without serving notice on her. 6. As against the judgment of the Court of Settlement the petitioner moved the High Court Division in writ jurisdiction and obtained Rule. The petitioner before the High Court Division, amongst others, conte..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ...... on record writ-petitioner can neither claim seniority to respondent No. 5 nor. can claim promotion to the post of Chief Engineer on the ground of seniority, that it is not within the scope of writ jurisdiction to decide the question whether the qualifications/degrees of the writ-petitioner ..Category: Employment/Service Law | Date: | Hits: 76
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....aragraph 7 reads as follows: "Before proceeding to deal with merits it may be pointed out that though Article 136 is worded in very wide language, the power of interference under this Article is discretionary and according to the established practice, normally, when the High Court believes the ......e basic error on the part of the High Court Division is brought to the notice of this Court. As a matter of fact, the High Court Division is the final Court of appeal and ours is a Court of special jurisdiction. I will refer hereinbelow a passage from AIR 1971 Supreme Court 1405 wherein in parag..Category: Criminal Law | Date: | Hits: 74
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......urt of first instance defendant Nos. 2 and 3 went on appeal. The appellate Court reversed the judgment and decree of the trial Court. The plaintiffs then moved the High Court Division in revisional jurisdiction. The High Court Division on the findings that the Court of appeal below was in seriou..Category: Property Law | Date: | Hits: 52
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